Rahaman Molya Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

Rahaman Molya Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Fresh hearing ordered before the Regional Transport Authority at Alipore, South 24 Parganas on 10th July 2026 at 3.30 p.m.; petitioners to remain present at 3.00 p.m.; authorities to communicate their decision within one week; liberty granted to challenge the authority's order in accordance with law.

Issue for consideration

Whether the petitioners, whose permit applications were processed without their participation, were denied notice and a sufficient opportunity of being heard, warranting a fresh hearing on their applications for State carriage permit. +1 more

Court's answer

Without going into the merits and contentions of the petitioners, the Court directed that a fresh hearing be conducted on 10th July 2026 at 3.30 p.m. by the Regional Transport Authority at Alipore, South 24 Parganas, in accordance with law.

Ratio / Principle

The petitioners were directed to remain present at the office of the Regional Transport Authority at Alipore, South 24 Parganas on 10th July 2026 at 3.00 p.m.

Key takeaways

The authorities were directed to communicate the order to the petitioners within one week of the decision taken by them.ratio¶14
Liberty was granted to the petitioners to challenge the order of the authority, if required, in accordance with law.ratio¶16

Detailed headnote1 paragraphs

W.P.A. 11342 of 2026 (Rahaman Molya & Ors. v. The State of West Bengal & Ors.). The petitioners' applications for State carriage permit, made consequent upon approval of the RTA Board meeting dated 5th March 2024, were duly considered on 11th July 2025. The State contended that the petitioners, along with other applicants, did not appear on 6th August 2025 and 15th September 2025 despite notice, rendering the petition infructuous; the petitioners asserted they were not served with any notice and that the proceedings were conducted ex parte without a sufficient opportunity of being heard. Counsel for the petitioners indicated satisfaction if a fresh opportunity of being heard were given on their applications. Without going into the merits, the Court directed the Regional Transport Authority at Alipore, South 24 Parganas to conduct a fresh hearing on 10th July 2026 at 3.30 p.m., required the petitioners to remain present at 3.00 p.m. that day, and directed the authorities to communicate their decision to the petitioners within one week. Counsel for the petitioners then undertook not to press the petition further and sought liberty to challenge the authority's order; liberty was granted and the petition stood disposed of.

D/L 5 01.07.2026 Sudipta ct.no.2

W.P.A. 11342 of 2026

Rahaman Molya & Ors. Versus The State of West Bengal & Ors.

Mr. Saikat Chatterjee

…for the petitioners.

Ms. Sabita Roy, Jr. Govt. Pleader Mr. Ranajit Talukdar Mr. Parthasarathi Boyal

…for the State.

Learned counsel for the State submits that an application of the petitioners for grant of permit in terms of notice consequent upon approval of RTA Board meeting dated 5^th March, 2024 was duly considered on 11^th July, 2025. However, the petitioners along with other applicants did not appear on 6^th August, 2025 and 15^th September, 2025 despite notice being given. Learned counsel submits that, therefore, the petition is infructuous and is liable to be dismissed.

Learned counsel for the petitioners submits that the petitioners were not served with any notice and the proceedings were conducted ex parte without giving a sufficient opportunity of being heard.

2

Learned counsel submits that the petitioners would be satisfied if the petitioners are given an opportunity of being heard in terms of their applications for State carriage permit.

Without going into the merits and contentions of the petitioners taken in the petition, let a fresh hearing be conducted on 10^th July, 2026 at 3.30 p.m. by the Regional Transport Authority at Alipore, South 24 Parganas, in accordance with law.

The petitioners shall remain present at the office of the Regional Transport Authority at Alipore, South 24 Parganas, on 10^th July, 2026 at 3.00 p.m.

The authorities shall communicate the order to the petitioners within one week of the decision taken by them.

Learned counsel for the petitioners submits that in view of such a direction, he has instructions not to press the petition further. Learned counsel seeks liberty to challenge the order of the authority, if required, in accordance with law.

Liberty granted.

In terms of the discussions made hereinabove, the petition stands disposed of.

3

All parties shall act on the basis of the server copy of this order duly downloaded from the official website of this Court.

(Dinesh Kumar Sharma, J.)